What Happens to Pets in a Massachusetts Divorce? Pet Custody & Legal Rights

Divorce can be a challenging and emotional process, especially when it comes to deciding who gets what. While children are often at the forefront, the family pet can also be a source of deep emotional attachment for many couples who treat their pets like family members. Legally, however, pets in Massachusetts are still considered personal property—at least for now.

This post explores how pets are currently treated in Massachusetts divorce cases, whether their care can be addressed in a separation agreement, and what future legal changes may be on the horizon.

How Massachusetts Courts Currently Treat Pets in Divorce Cases

Although there is no specific Massachusetts General Law expressly defining pets as personal property, they are classified as such during a divorce. This means that pets are treated the same as other assets, such as furniture or vehicles. The Massachusetts Probate and Family Courts do not currently have jurisdiction to assign custody or visitation of pets the way they do for children. Instead, the court decides who gets to keep the pet(s) based on the principles of equitable distribution of marital property.

"Equitable" does not mean "equal," so how does the court decide who gets what? Massachusetts General Laws Chapter 208, § 34 authorizes courts to equitably divide marital property between divorcing spouses, stating that “the court may assign to either [spouse] all or any part of the estate of the other.” This statute enumerates both mandatory and discretionary factors the court must weigh, including the length of the marriage, conduct of the parties, and contributions to the marital estate.

Although pets are considered personal property, courts have discretion in applying the Section 34 factors. The Supreme Judicial Court in Savides v. Savides, 400 Mass. 250, 252 (1987), reaffirmed the principle that marriage is a partnership—and the equitable division of assets must reflect that reality. So what does that mean in factoring who gets the pet?

It means courts, when applying the § 34 factors, can consider things like whether the pet is primarily cared for by one spouse, or whether the pet plays a central role in the children’s lives and the children will reside primarily with one spouse. For creative legal advocates, this opens a door because these examples could arguably be relevant under several of the § 34 factors.

Can Pet Custody Be Included in a Separation Agreement?

Yes. While the court cannot issue a "custody" order for pets, parties can negotiate their own arrangements and incorporate them into a separation agreement. Given the court’s broad discretion under § 34, parties may be better served to negotiate and include detailed pet care provisions in their separation agreement.

Such provisions might include:

• Which spouse retains ownership of the pet

• Visitation schedules (e.g., weekends, holidays)

• Shared financial responsibility for food, grooming, or veterinary care

• Agreements about relocation or end-of-life decisions

Once approved by the court, a separation agreement becomes a legally binding contract. As long as the agreement is fair and reasonable, courts generally uphold these terms, even if they don’t have the same authority to create such terms independently.

Is the Law Changing? A Look at House Bill H.1817 and Senate Bill S.1206

In the current 2025-2026 legislative session, Massachusetts bills House Bill H.1817 and Senate Bill S.1206 have been introduced to address the unique role pets play in families. These bills propose allowing family courts to consider the "well-being of the animal" in divorce cases, using a standard similar to child custody decisions.

Key elements of these bills include:

• Acknowledging that pets are not mere property

• Allowing courts to assign joint or sole pet custody

• Permitting enforcement of custody or care agreements based on the animal’s best interest

• Considering factors such as each party's history with the animal, emotional attachment of parties and children, and any history of abuse or violence toward animals or humans.

If passed, this legislation would mark a significant shift in how the state views companion animals in family disputes. While the Massachusetts General Court has not yet passed these bills, their introduction reflects growing recognition of pets’ emotional and familial importance.

Conclusion

As it stands today, Massachusetts treats pets as property in divorce proceedings. But that doesn’t mean pet care arrangements can't be formalized. Pets are just another example as to why alternative dispute resolution may be a better option than litigation. With the skyrocketing costs of litigation and the uncertainty of what decision a court will make, couples are strongly encouraged to negotiate pet-related terms in their separation agreements. As long as the terms are fair and reasonable, courts will generally enforce pet-related terms.

With legislation like H.1817 and S.1206 pending, Massachusetts could soon join other states like California and New York in allowing courts to consider a pet’s welfare when deciding post-divorce arrangements.

If you are facing a divorce involving beloved pets, or your divorce overall, the best approach may be to consider alternative dispute resolution. This includes consulting with an experienced mediator or collaborative family law attorney who should ensure that any pet care agreement reached is well detailed and incorporated into the written separation agreement.

Author’s Note: This blog is for informational purposes only and does not constitute legal advice. For specific legal guidance, please schedule a consultation or consult another licensed Massachusetts attorney.